PrincipleCIVIL PROCEDURE – Costs – Common Questions in Claim and Counterclaim
- Area of law
- CIVIL PROCEDURE
- Court
- Supreme Court
When claim and counterclaim depend on common determinative questions: court needn't address questions separately for counterclaim—determination in main claim resolves both. Here: respondent's right to statutory right of occupancy and possession were determinative questions—once established in main claim (trespass action), these same findings defeated counterclaim.…
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